Furniture delivered and damage found later

[shopperscloset]

What is the name of your state (only U.S. law)? TN

I ordered 2 leather power motion sofas from an internet source. We had them delivered with "white glove delivery". Upon receiving them, the delivery men asked us to inspect and sign off. We fully inspected the leather and it all looked great. My husband said for them to wait while we hooked up the motors and the said "motors are not our problem" and quoted the part in the delivery info that connecting or installing anything was not their job.
So we sign and the leave. We put everything together on 1st sofa and it was great. Second sofa, not so much. It made terrible noises and didn't operate correctly. We then noticed that the bottom frame was quite bent and twisted which made us think the sofa had a bad fall.
The store was closed until the next day but we called once they were open and told them of everything. Long story short, they 1st agreed to replacing the sofa but only if we paid for a third couch. We refused to give them any more money as at this time we had been arguing for 3 weeks. Then I asked for 20% credit, a year added to warranty and for them to fix it. They agreed and demanded I remove the chargeback with my CC. My CC said not to do that until they did everything they were supposed to. Once I tell them that they said they never agreed to fixing it. I have it in writing. And now they say Federal law states that my CC will have to side with them because I signed off on it as not damaged.

My questions are:
1 - UCC states that I should have a "reasonable" amount if time to inspect. What is "reasonable"?
2 - if the motor is not covered by delivery and the only way to know there was a problem was with the motor on, did I sign away my rights?
3 - If I did sign away my rights, does their promising to replace or fix it with a credit that I have in writing on my service ticket negate that and will they be forced to stand by that?

Thanks in advance for any help and sorry it was so long.

 

[tranquility]

1-"Reasonable" is reasonable. It depends on the facts.
2-Maybe. It would depend on what you signed.
3-Probably not. If you didn't give up anything, no contract could have been formed.

 

[shopperscloset]

1-"Reasonable" is reasonable. It depends on the facts.
2-Maybe. It would depend on what you signed.
3-Probably not. If you didn't give up anything, no contract could have been formed.

Thank you for your time. Do you know if there some federal law that will force my CC to side with them? They keep threatening there is and saying they will post it to the ticket but don't.

 

[tranquility]

Thank you for your time. Do you know if there some federal law that will force my CC to side with them? They keep threatening there is and saying they will post it to the ticket but don't.

I don't believe there is any federal law that would force the CC to side with them. I would suggest it is a matter of proof to the CC company. However, why are you worried about inspection? Isn't there a warranty of some sort?

 

[shopperscloset]

I don't believe there is any federal law that would force the CC to side with them. I would suggest it is a matter of proof to the CC company. However, why are you worried about inspection? Isn't there a warranty of some sort?

There is a warranty but according to the manufacturer's website, damage from delivery is not covered. Originally they were going to fix it but I wanted it replaced. Then we settled on me keeping the unit, having it repaired, adding 1 year to warranty and getting a 20% credit. But now they say they'll do all that but they won't fix it. They sent some of the parts to my house already so they want me to hire someone myself to fix it.

 

[tranquility]

There is a warranty but according to the manufacturer's website, damage from delivery is not included. Originally they were going to fix it but I wanted it replaced. Then we settled on me keeping the unit, having it repaired, adding 1 year to warranty and getting a 20% credit. But now they say they'll do all that but they won't fix it. They sent some of the parts to my house already so they want me to hire someone myself to fix it.

Why do they say it was damaged in delivery?

 

[shopperscloset]

Why do they say it was damaged in delivery?

The seller isn't saying that but since they are being so reluctant to fix it, and the manufacturers website states that, I am just guessing that is their stance. I also asked why they won'y file with insurance since I paid for white glove delivery which is insured but they won't do that either.

Thanks so much for your time on this.

 

[tranquility]

The seller isn't saying that but since they are being so reluctant to fix it, and the manufacturers website states that, I am just guessing that is their stance. I also asked why they won'y file with insurance since I paid for white glove delivery which is insured but they won't do that either.

Thanks so much for your time on this.

I would send a certified letter with return receipt requested and explain you have a motor that does not work. You personalize each letter to the claim the person you're sending to. White glove treatment, chance to inspect, violation of warranty and all negotiations. Tell each they have two weeks to reply to the letter and give assurances they will fulfill their contractual duties or you will "explore your legal remedies." See if anyone gives you proper assurances.

 

[shopperscloset]

I would send a certified letter with return receipt requested and explain you have a motor that does not work. You personalize each letter to the claim the person you're sending to. White glove treatment, chance to inspect, violation of warranty and all negotiations. Tell each they have two weeks to reply to the letter and give assurances they will fulfill their contractual duties or you will "explore your legal remedies." See if anyone gives you proper assurances.

Great. Thanks again!